Stay current with legal news in Tennessee. This page features the latest news for and about the Tennessee legal community, either produced by the Tennessee Bar Association or collected from news sources.
Shelby County Juvenile Court defense operations will be transferred to the Public Defender's Office in response to a federal investigation that found juvenile court "discriminates against black children," WMC-TV reports. Court officials say they will move the juvenile defense system from Juvenile Court oversight and place it under the office in charge of defending adults. Chief Public Defender Stephen Bush will head up the attorneys handling cases ranging from vandalism and minor theft to aggravated assault and murder, said Bill Powell, the county's criminal justice coordinator. The public defender's office in Memphis hasn't held that role in 35 years, Bush said. The Commercial Appeal has more
The Tennessean looks at two recent cases of where children died after their mothers left them in hot cars. Beneath the obvious common elements, the unrelated cases showed signs of heading down divergent paths. A law professor at Wake Forest University who analyzes deaths of children in hot cars and the resulting prosecutions found that mothers face charges more often than fathers, nonfamily caregivers more often than parents, and low-income parents more often than high-income ones. And when charges are brought, more than 80 percent of those cases end in conviction.
News Channel 5 is challenging a recent court opinion that found that reporter Phil Williams did not defame General Session judge Daniel Eisenstein, but stated that Williams may have cast the judge in a false light. Williams’ attorney Ron Harris filed a motion on Thursday saying that the court “misapprehended some of the facts” in its opinion. The Tennessean reported the news
In an editorial, the Mountain Press praises newly named Supreme Court Chief Justice Gary Wade, calling it an honor not just for him, but for his community.
Putnam County Judge Nolan Goolsby was elected president of the Tennessee Council of Juvenile and Family Court Judges and the Tennessee Juvenile Court Services Association last week during the 29th Joint Conference on Juvenile Justice in Nashville. Those elected to the TCJFCJ executive committee are Judge Robert Lincoln, vice-president, Washington County; Judge Dennis Humphrey, secretary-treasurer, Roane County; and Judge Ray Grimes, vice-president, Montgomery County. Those elected to the council are Judge Tim Brock, Coffee County; Judge Tim Irwin, Knox County; Judge Christy Little, Madison County; Judge Jeff Rader, Sevier County; Judge Vicki Snyder, Henry County; and Judge John Whitworth, Benton County. Learn more from the AOC.
Clarksville lawyer and part-time judge Gregory D. Smith has been selected for to participate in the "Train The Trainers" seminar in Washington, D.C., Aug. 20-23, which is a program of the National Judicial College. Complete expenses for this seminar and its participants are paid for by a grant from the Federal Motor Carrier Safety Administration. After completing the training for this seminar, Smith will present the program to judges in Tennessee. The Leaf Chronicle has details
Occupy Memphis, one of the last remaining of the Occupy movements, was shut down early this morning by Memphis police. Of the nine campers remaining at the site, eight self-identified themselves as being homeless. “It essentially had become a homeless encampment,” Chief Administrative Officer George Little said. According to a statement, recent fights, assaults and sanitation issues at the camp led to the eviction. Read more in the Commercial Appeal
Attorneys for The Commercial Appeal said Thursday the law firm representing the Shelby County Commission has run afoul of the First Amendment, two federal statutes, the Tennessee reporter's shield law and "just plain good sense" in a subpoena asking for the identities of commenters on stories about planned suburban school districts. Memphis attorney Lucian Pera and Washington attorney Paul Alan Levy, a member of the Public Citizen Litigation Group, asked in a letter to the Baker Donelson law firm that it withdraw the subpoena request. The request was filed in federal court July 25, asking for the identities of all online commenters to 45 stories, which amounts to more than 9,000 online comments. "The amazing overbreadth of the subpoena leads our client to believe that this is either a fishing expedition, a form of governmental harassment or both," the letter, to Baker Donelson associate Imad Abdullah, says.
The Justice Department's inspector general has an ombudsman now, an experienced federal prosecutor appointed to ensure that whistleblower complaints are addressed quickly and thoroughly and that investigations of retaliation claims are closely monitored. As whistleblower ombudsman for Inspector General Michael Horowitz, Robert Storch will work within the Justice Department to educate employees about the importance of whistleblowers in uncovering any waste, fraud, abuse and mismanagement. Read more from the AP
The town of Whiteville and the Freedom From Religion Foundation have reached a settlement in a lawsuit filed by the foundation last year over religious symbols on public property, the Jackson Sun reports. According to written statements from both the town and the foundation, terms of the settlement include the town will have no future installments of standalone crosses on town property, that the town will not replace an arm on the remaining structure that was once a cross on top of the town water tower, and that the town will pay $20,000 in attorney’s fees.
This law professor predicts that up to 80 percent of law school applicants will be accepted this year, mainly because of declining enrollments from 2010 to 2011, along with declining credentials of entering classes. ABAJournal.com connects you to the details
Despite widespread publicity about law firms targeted in Internet and email scams that have siphoned five- and six-figure sums out of their bank accounts, some are still falling victim to the schemes. The problem is, legitimate clients do business in much the same way as the scammers, often contacting counsel via the Internet or by email. ABAJournal.com looks into it
Memphis lawyer Jeff Weintraub is a third-generation lawyer who had never been interested in following his dad’s footsteps. "Bless his heart, he never pushed me,” Weintraub tells the Daily News Journal. But now Weintraub is managing partner in the recently opened Memphis office of Fisher & Phillips LLP. His daughter, Betsy, is an associate at the firm, and one of his sons is about to enter his third year of law school. The paper also profiles another multigenerational lawyer, R. Hunter Humphreys Jr., whose father practices law in Memphis, too. People have likely heard of his grandfather. The University of Memphis law school carries his name, Cecil C. Humphreys.
A 6th U.S. Circuit Court of Appeals ruling Thursday assures that Green Party candidates will have a place on Tennessee's November general election ballot in several races. State Election Coordinator Mark Goins said the court ruling came following a request for an expedited ruling on two issues in a lawsuit brought by the Green and Constitution parties challenging the state's ballot access. The News Sentinel has more
A Brentwood dentist is campaigning against the appointment of Samar Ali to work in Tennessee’s economic development office and has drafted a resolution criticizing the governor and making a case that Islam is bent on world domination. A version of the document has been signed by a growing list of county-level Republican executive committees, including the state’s wealthiest and arguably most influential GOP stronghold of Williamson County. In a related issue, federal courts recently intervened in a lawsuit that attempted to keep the Islamic Center of Murfreesboro from opening. First Friday prayers were held today with no incidents, the Daily News Journal reports. “If we don’t protect the individuals down in Rutherford County and their right to worship, then that just diminishes all of our rights,” said U.S. Attorney Jerry Martin. WPLN has the story
A Knox County commissioner is seeking judicial diversion from a misdemeanor indecent exposure charge after authorities allege he was caught in a sexual encounter in a public park. The charge against Jeff Ownby is a minor one, calling for a $50 fine. But his attorney Gregory P. Isaacs is pulling out the stops to avoid any blemish on the record of Ownby, a married father and foster father who represents the 4th District as a Republican. Isaacs maintains that Ownby is a victim of the fallout over disgraced former Knox County Criminal Court Judge Richard Baumgartner, who Isaacs contends has given judicial diversion a bad name and made prosecutors much too wary to grant it. The News Sentinel has the story
A new, discounted, long-term care plan is now available to Tennessee Bar Association members and their families. Long-term care services help you maximize your independence and protect your nest egg. Call Graham Swafford at the Tennessee Bar Center for details at 615-383-7421.
Nashville’s NewsChannel 5 reported this week that federal prosecutors have dropped an investigation into whether former Davidson County Clerk John Arriola cheated on his taxes. The news comes six weeks after Arriola resigned his position to avoid prosecution on state charges that he illegally pocketed almost $120,000 for weddings he performed on taxpayer time.
The Tennessee Bar Association is upgrading it website servers this weekend, which may cause some interruptions in service on Sunday evening. The TBA appreciates your patience during this process.
This summer, Memphis Area Legal Services launched a capital drive under the tagline “We’re All In.” The campaign is part of a multi-pronged strategy that will blanket the city’s lawyers and other legal professionals this year before broadening the message for the public portion of the fundraising effort in 2013. MALS Executive Director Harrison McIver talks to the Memphis Daily News about the campaign.
